Patent ambush
From Wikipedia, the free encyclopedia
A patent ambush is where a member of a standardisation body withholds information about patents it owns, has pending, or intends to file during the development of a proposed standard and subsequently claims them to be relevant to the standard as adopted.[1][2]
Once the proposed standard has been adopted, companies wishing to implement the standard may be forced to pay royalties to the patent holder,[1] creating barriers to entry that distort competition within the market.[3] Consequently, the practice is considered to be in breach of anti-trust or competition law in the US[4] and the European Union[2] and has resulted in several lawsuits and other actions.
[edit] See also
- Essential patent, a patent which is essential for implementing e.g. a standard
- Patent misuse
- Patent thicket
[edit] References
- ^ a b Telecom standards face patent ambush threat. ZDNet (2005-06-15). Retrieved on 2007-08-30.
- ^ a b Antitrust: Commission confirms sending a Statement of Objections to Rambus. European Commission (2007-08-23). Retrieved on 2007-08-30.
- ^ EC thwarts 'patent ambush' tactics. MacUser (2005-12-12). Retrieved on 2007-08-30.
- ^ United States: The Antitrust Risks Associated With Manipulating The Standard-Setting Process. McDermott Will & Emery (2004-10-13). Retrieved on 2007-08-30.
